Question

In which of the following cases, the Supreme Court was in 2017 declared pronouncements of talaq three times at a time by a Muslim husband as unconstitutional?

• A. Shayara Bano V/s Union of India
• B. Shassnim Ara V/s State of U.P
• C. Baitahira V/s Ali Hasan
• D. Danial latifi V/s Union of India

Hint:

The Shayara Bano case is the landmark 2017 judgment that struck down instant triple talaq for being arbitrary and unconstitutional. Don't confuse it with earlier cases like Shamim Ara, which laid down procedural checks but did not declare it unconstitutional.

Answer 1

The Correct Option is A

In the historic 2017 judgment of Shayara Bano v. Union of India, a five-judge Constitution Bench of the Supreme Court declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional by a 3:2 majority. The majority held that the practice was "manifestly arbitrary" as it allowed a man to whimsically and irrevocably end a marriage, thus violating the fundamental right to equality under Article 14 of the Constitution. This case led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized the practice.